13.1-815 - Fees to be collected by Commission; payment of fees prerequisite to Commission action; exceptions.
§ 13.1-815. Fees to be collected by Commission; payment of fees prerequisiteto Commission action; exceptions.
A. The Commission shall assess the registration fees and shall charge andcollect the filing fees, charter fees and entrance fees imposed by law. TheCommission shall have authority to certify to the Comptroller directingrefund of any overpayment of a fee, or of any fee collected for a documentthat is not accepted for filing, at any time within one year from the date ofits payment. When the Commission receives payment of an annual registrationfee assessed against a domestic or foreign corporation, such payment shall beapplied against any unpaid annual registration fees previously assessedagainst such corporation, including any penalties incurred thereon, beginningwith the assessment or penalty that has remained unpaid for the longestperiod of time.
B. The Commission shall not file or issue with respect to any domestic orforeign corporation any document or certificate specified in this Act, exceptthe report required by § 13.1-936, a statement of change pursuant to §13.1-834 or 13.1-926, and a statement of resignation pursuant to § 13.1-835or 13.1-927, until all fees, charges, fines, penalties, and interestassessed, imposed, charged, or to be collected by the Commission pursuant tothis Act or Title 12.1 have been paid by or on behalf of such corporation.Notwithstanding the foregoing, the Commission may file or issue any documentor certificate with respect to a domestic or foreign corporation that hasbeen assessed an annual registration fee if the document or certificate isfiled or issued with an effective date that is on or before the due date ofthe corporation's annual registration payment in any year, provided that theCommission shall not issue a certificate of domestication with respect to aforeign corporation until the annual registration fee has been paid by or onbehalf of that corporation.
C. Any domestic corporation that has ceased to exist in the Commonwealthbecause of the issuance of a certificate of termination of corporateexistence or certificate of incorporation surrender or any foreigncorporation that has obtained a certificate of withdrawal, effective on orbefore its annual report due date pursuant to subsection C of § 13.1-936 inany year, shall not be required to pay the registration fee for that year.Any domestic or foreign corporation that has merged, effective on or beforeits annual report due date pursuant to subsection C of § 13.1-936 in anyyear, into a surviving domestic corporation or into a surviving foreigncorporation that files with the Commission an authenticated copy of theinstrument of merger on or before such date, shall not be required to pay theregistration fee for that year. The Commission shall cancel the registrationfee assessments specified in this subsection that remain unpaid.
D. Registration fee assessments that have been paid shall not be refunded.
(Code 1950, § 13.1-284; 1956, c. 428; 1985, c. 522; 1988, c. 405; 1989, c.152; 1997, c. 216; 2003, c. 374; 2006, c. 659; 2007, cc. 810, 925; 2009, c.216; 2010, c. 753.)